JUDGMENT

I.A. 2205/2025 (under Order VII Ru le 11 of CPC)

The instant application is filed by defendants nos.1 and 2 for rejection of the present suit under Order VII Rule 11 of the Code of Civil Procedure , 1908 (hereinafter referred to as „CPC‟) for being devoid of any cause of action and for failure to disclose the necessary facts.

Factual Matrix

2. The present suit is one for partition, wherein the plaintiff seeks a declaration that he is the absolute owner of his 1/5^th share in property bearing No. C-76, AB, Kalkaji, New Delhi, measuring 200 sq. yds. (hereinafter referred to as the “suit property”), along with other consequential reliefs.

3. A pedigree chart describing the relation of the parties in the instant lis is given as under: -

4. Therefore, it is seen that the parties to the instant suit are all legal heirs of the Sh. Ram Lal Sethi. The plaintiff and defendant no.2 are brothers and children of defendant no.1. Defendant nos.3 and 4 are cousin brothers of the plaintiff and defendant no. 2. The said defendants are the sons of late Sh. Kulbhushan Sethi, i.e., brother of defendant No.1 and the elder son of late Sh. Ram Lal Sethi.

5. The facts on record indicate that late Sh. Ram